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V Kumar Singh (Executive)     14 August 2012

302 ipc

can a blind man say that his written statement before (SDM ) magistrate was without thinking and was written on blank papers?



Learning

 6 Replies

BAPOO M. MALCOLM (Advocate and Empanelled Arbitrator Bombay High Court I 7809 OS 14436)     15 August 2012

It is always difficult to retract something said or done in the presence of a Magistrate. Surely there was an advocate present to guide and explain to the blind man.

 

What is the excuse for thid "not understanding"?

 

Bapoo M Malcolm

V Kumar Singh (Executive)     15 August 2012

Tks for ur reply sir.

He does not give any excuse for "not understanding," and his advocate was NOT present with him (as SDM came to him immediately/a few hours after death).

this is a 304b case (suicide) of girl in her matrimonial house within 7 yrs. On the day of death, FIL (who is blind) gave signed statement before SDM that, "no dowry was asked, girl comitted suicide because of her mental illness, I have no doubt, etc."  However, after 2 months he changed statement, filed an FIR, and states "it was written under pressure, without thinking/understanding, and I signed on blank papers." 

surjit singh (Assistant)     15 August 2012

Since the FIL is a blind person, and retracting from a statement given under 164 Cr.P.C. is there, all other circumstancial evidence alongwith the person present with the FIL at the time of recording the statement will have to be taken into consideration before acting upon it.

V Kumar Singh (Executive)     04 September 2012

what is chances of husband getting AB in this case, if chargesheet has not yet been filed ?

V Kumar Singh (Executive)     11 September 2012

pls if learned members can reply to this query - "what is chances of husband getting AB in this case, if chargesheet has not yet been filed (more than 1 yr of FIR) ?"

BAPOO M. MALCOLM (Advocate and Empanelled Arbitrator Bombay High Court I 7809 OS 14436)     11 September 2012

Good. But still please engage a good lawyer. The person seeking AB must be present.

Bapoo M Malcolm

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